Senate Bill No. 408–Committee on Government Affairs

(On Behalf of Washoe County)

March 15, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions governing rate of residential construction tax that may be imposed on development of mobile home lots. (BDR 22-568)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the residential construction tax; revising the provisions governing the rate of the tax that may be imposed on the development of mobile home lots; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 278.4973 is hereby amended to read as follows:

1-2 278.4973 "Mobile home" [means a vehicle without motive power

1-3 designed or equipped for living purposes and to carry property or

1-4 passengers wholly on its own structure and to be drawn by a motor

1-5 vehicle.] has the meaning ascribed to it in NRS 461A.050.

1-6 Sec. 2. NRS 278.4983 is hereby amended to read as follows:

1-7 278.4983 1. The city council of any city or the board of county

1-8 commissioners of any county which has adopted a master plan and

1-9 recreation plan, as provided in this chapter, which includes, as a part of the

1-10 plan, future or present sites for neighborhood parks may, by ordinance,

1-11 impose a residential construction tax pursuant to this section.

1-12 2. If imposed, the residential construction tax must be imposed on the

1-13 privilege of constructing apartment houses and residential dwelling units

1-14 and developing mobile home lots in the respective cities and counties. The

1-15 rate of the tax must not exceed :

1-16 (a) With respect to the construction of apartment houses and

1-17 residential dwelling units, 1 percent of the valuation of each building

2-1 permit issued [,] or $1,000 per residential dwelling unit , [or mobile home

2-2 lot,] whichever is less. For the purpose of the residential construction tax,

2-3 the city council of the city or the board of county commissioners of the

2-4 county shall adopt an ordinance basing the valuation of building permits on

2-5 the actual costs of residential construction in the area.

2-6 (b) With respect to the development of mobile home lots, for each

2-7 mobile home lot authorized by a lot development permit, 80 percent of

2-8 the average residential construction tax paid per residential dwelling unit

2-9 in the respective city or county during the calendar year next preceding

2-10 the fiscal year in which the lot development permit is issued.

2-11 3. The purpose of the tax is to raise revenue to enable the cities and

2-12 counties to provide neighborhood parks and facilities for parks which are

2-13 required by the residents of those apartment houses, mobile homes and

2-14 residences.

2-15 4. An ordinance enacted pursuant to subsection 1 must establish the

2-16 procedures for collecting the tax, set its rate, and determine the purposes

2-17 for which the tax is to be used, subject to the restrictions and standards

2-18 provided in this chapter. The ordinance must, without limiting the general

2-19 powers conferred in this chapter, also include:

2-20 (a) Provisions for the creation, in accordance with the applicable master

2-21 plan, of park districts which would serve neighborhoods within the city or

2-22 county.

2-23 (b) A provision for collecting the tax at the time of issuance of a

2-24 building permit for the construction of any apartment houses [,] or

2-25 residential dwelling units , or a lot development permit for the

2-26 development of mobile home lots . [is issued.]

2-27 5. All [of the] residential construction taxes collected pursuant to the

2-28 provisions of this section and any ordinance enacted by a city council or

2-29 board of county commissioners, and all interest accrued on the money,

2-30 must be placed with the city treasurer or county treasurer in a special fund.

2-31 Except as otherwise provided in subsection 6, the money in the fund may

2-32 only be used for the acquisition, improvement and expansion of

2-33 neighborhood parks or the installation of facilities in existing or

2-34 neighborhood parks in the city or county. Money in the fund must be

2-35 expended for the benefit of the neighborhood from which it was collected.

2-36 6. If a neighborhood park has not been developed or facilities have not

2-37 been installed in an existing park in the park district created to serve the

2-38 neighborhood in which the subdivision or development is located within 3

2-39 years after the date on which 75 percent of the residential dwelling units

2-40 authorized within that subdivision or development first became occupied,

2-41 all money paid by the subdivider or developer, together with interest at the

3-1 rate at which the city or county has invested the money in the fund, must be

3-2 refunded to the owners of the lots in the subdivision or development at the

3-3 time of the reversion on a pro rata basis.

3-4 7. The limitation of time established pursuant to subsection 6 is

3-5 suspended for any period, not to exceed 1 year, during which this state or

3-6 the Federal Government takes any action to protect the environment or an

3-7 endangered species which prohibits, stops or delays the development of a

3-8 park or installation of facilities.

3-9 8. For the purposes of this section:

3-10 (a) "Facilities" means turf, trees, irrigation, playground apparatus,

3-11 playing fields, areas to be used for organized amateur sports, play areas,

3-12 picnic areas, horseshoe pits and other recreational equipment or

3-13 appurtenances designed to serve the natural persons, families and small

3-14 groups from the neighborhood from which the tax was collected.

3-15 (b) "Neighborhood park" means a site not exceeding 25 acres, designed

3-16 to serve the recreational and outdoor needs of natural persons, families and

3-17 small groups.

3-18 Sec. 3. 1. This section and section 1 of this act become effective on

3-19 July 1, 1999.

3-20 2. Section 2 of this act becomes effective at 12:01 a.m. on July 1,

3-21 1999.

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